Updated: Nov 24, 2022
How To Calculate Possible Damages From A Wrongful Termination Lawsuit In California?
California Wrongful Termination Settlements
Sometimes, employees won't pursue a wrongful termination claim thinking it isn't worth the time, effort, and emotional investment.
However, California wrongful termination attorneys advise that you consider the possible monetary and non-monetary benefits of filing a California wrongful termination lawsuit. Often, the rewards are enough to help you recover your lost salary, get back on your feet, and find a new job.
So, how much should you expect from a California wrongful termination lawsuit?
A Quick Intro To California Wrongful Termination Settlements
Wrongful termination in California is considered an illegal employment action. This means that if your employer fired you for an illegal reason, you have the right to file a lawsuit; you should immediately seek the advice of a pre-screened California wrongful termination lawyer to determine your potential settlement amount.
Wrongful termination settlements depend on a lot of factors, including:
Your income loss
Your position with your previous employer
Your current employment status
How your current and future employment was affected
Again, wrongful termination or retaliation settlements vary depending on who's filing the claim, the evidence, and the reasons why you were terminated. You must prove that your employer, supervisor, or co-workers committed illegal actions under California Employment Law.
What Is A Typical Employment Lawsuit Settlement In California?
You must calculate your yearly salary (including bonus, commissions, and employee benefits) from your lost position to determine your economic damages in a wrongful termination lawsuit.
A wrongful termination lawyer will have to calculate the value of your employee benefits and estimate future pay increases, discretionary bonuses, and commissions.
After your attorney has calculated your total yearly compensation, it's then multiplied by the time you've been unemployed and, if relevant, the time you expected to find a new job. You should also consider any potential increases or other pay package modifications.
If you think this is all confusion, consult with a California wrongful termination attorney for clarification. The better you understand the calculation, the better you'll know how to properly go about your wrongful termination lawsuit in California.
What If You Had Another Job?
If you've already found another employment that pays the same or more than the one you lost, your economic losses will halt once you start that position.
Unless you can prove that you would have received that additional income even if you hadn't been dismissed, you must remove any wages you earned after being fired from your monetary damages until you find equal or higher-paying employment.
For example, you do not have to deduct income from your second employment before being fired from your money damages. Consult one of our pre-screened Wrongful Termination Attorneys in Los Angeles if you don't know how a second job should be calculated.
What About Punitive Damages In California Wrongful Termination Lawsuits?
In some cases, punitive damages may be pursued against your former employer. Punitive damages are awarded in claims where the employer's actions were "particularly egregious." It can be awarded more than your actual damages, subject to constitutional limitations.
1000Attorneys.com is a California Bar Association-Certified Lawyer Referral Service that can refer you to a prescreened California Wrongful Termination Lawyer best fit to handle your claims. Contact us on our 24/7 lawyer referral hotline at 1-661-310-7999 or complete our inquiry submission form for a FREE INITIAL CONSULTATION.